tenant having his own shop

shubhra (Querist) 12 May 2010 This query is : Resolved
In haryana I have filed an eviction petion against my tenant on grounds that he own a shop and have put in court the tax assessment copy of sale deed and got it proved from tehsildar and also the tenant has agreed owning to that.

The shop the tenant owns is quite bigger than the shop he has rented from us.

The is case is on the stage of dw and the dw are to be closed on the next date. When we filed this case in 2001 the act said about eviction of a tenant owning his own reidential building and the said provison was for only residential proferties.

Now after the ruling that commercial and residential buildings are at par. Is my case strong enough. The shop he owns and rented are both on ground floor.

I run my business from first floor. Can i file another suit taking personal necessity.

My business in on first floor and the shop rented is on ground floor. I am 80 year old.

Kindly suggest

is my this case is strong enough ?

and should i file another eviction petion on ground of personal necessity of ground floor for running business ?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 12 May 2010
You have already filed a suit so need to file another one.

shubhra (Querist) 12 May 2010
but my present suit is not on ground of personal necessity the suit is ground of tenant having owned premises in same market and in bigger size. But now the personal necessity is a better ground are you sure i have no need to file another suit.